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(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Nonconforming. Notwithstanding any other provisions of this article to the contrary, a building nonconforming as to use, yards, height, number of stories, lot area, floor area, residential density, loading space, parking, off-site signs or other nonconforming provisions of the Los Angeles Municipal Code, which is damaged or destroyed as a result of the declared emergency may be repaired or reconstructed with the same nonconforming use, yards, height, number of stories, lot area, floor area, residential density, loading space, parking or off-site signs as the original building. Provided, however, that repair or reconstruction shall be commenced within two years of the date of damage or destruction and completed within two years of obtaining a permit for reconstruction. Provided, further, that neither the footing nor any portion of the replacement building may encroach into any area planned for widening or extension of existing or future streets as determined by the Planning Department upon the recommendation of the City Engineer.
The provisions of this section shall supersede any Interim Control Ordinances, Interim Plan Revision Ordinances, Specific Plans (except for the South Central Alcohol Beverage Specific Plan, Ord. No. 171,681), Section 16.05 and the City’s hillside regulations under Section 12.21 A.17. (except for Paragraphs (d) and (e)). Notwithstanding any provision in this section to the contrary, any existing provision of law regulating the issuance of building or demolition permits for buildings or structures currently with historical or cultural designations on the federal, state and City lists shall remain in full force and effect. All Historic Preservation Overlay Zone regulations shall continue in full force and effect with respect to the demolition, repair and reconstruction of damaged or destroyed buildings or structures.
For purposes of this subsection, a building or structure may only be demolished and rebuilt to its non-conforming status, relative to the provisions of this Code, any Interim Control Ordinances, Interim Plan Revision Ordinances, Specific Plans (except for the South Central Alcohol Beverage Specific Plan, Ord. No. 171,681) and the City’s hillside regulations under Section 12.21
A.17. (except for Paragraphs (d) and (e)), if the building or structure either is destroyed or is “damaged” in the following manner:
1. Any portion of the building or structure is damaged by earthquake, wind, flood, fire, or other disaster, in such a manner that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and is less than the minimum requirements of this Code for a new building or structure of similar structure, purpose or location, as determined by the Department of Building and Safety; and
2. The cost of repair would exceed 50 percent of the replacement cost of the building or structure, not including the value of the foundation system, as determined by the Department of Building and Safety.
Nothing here shall be interpreted as authorizing the continuation of a nonconforming use beyond the time limits set forth in Section 12.23 of this Code that were applicable to the site prior to the events which necessitated the declaration of the emergency.
If issues of interpretation relating to the above provisions arise, the Zoning Administrator is hereby authorized to resolve those issues in light of the scope and purposes of this subsection.
Notwithstanding the time periods described above or in Section 16.04.2, nonconforming properties damaged during the January 17, 1994 Northridge Earthquake shall have until January 17, 1999 to obtain building permits for repair or reconstruction; and that work shall be completed within two years of obtaining building permits. The City Council may, by resolution extend these time periods for one additional year.
B. Conditional Uses and Public Benefits. The following conditional uses and public benefits are considered to be of such importance and their expeditious replacement is of such value to the health and safety of the community that they are hereby granted an exemption from the plan approval process required by Subsection H. (Modification of Entitlement) of Sec. 13B.2.2. (Class 2 Conditional Use Permit) and 13B.3.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code, provided that the structures containing these uses are rebuilt as they lawfully existed prior to their destruction, with the same building footprint and height. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Conditional Uses and Public Benefits
Airports or aircraft landing fields
Correctional or penal institutions
Educational institutions
Libraries, museums, fire or police stations or governmental enterprises
Piers, jetties, human-made islands, floating installations
Public utilities and public service uses and structures
Schools, elementary and high
Electric power generating sites, plants or stations
OS Open Space Zone uses
Child care facilities or nursery schools
Churches or houses of worship
Hospitals or sanitariums
If issues of interpretation or administration relating to the above exemptions arise, the Director is authorized to resolve those issues in light of the scope and purposes of this subsection. (Amended by Ord. No. 173,492, Eff. 10/10/00.)
C. Notwithstanding Subsections A. and B. above, the following five uses shall not be exempt from the provisions of this Code, interim control ordinances, specific plans, and interim plan revision ordinances: establishments dispensing alcoholic beverages for consideration, swap meets, gun shops, pawnshops and automobile repair establishments.
D. Highway and Collector Street Dedication and Improvement. For any lot identified by the City as having sustained damage during and as a result of the situation causing the declared emergency, the issuance of a building permit for a new development on that site shall not require improvement of frontage for major or secondary highway and collector street widening purposes under Section 12.37 A.
Nothing here shall prevent a property owner from voluntarily improving the right of way and undertaking public improvements which conform to the applicable sections of this Code.
E. The Zoning Administrator may grant deviations of no more than ten percent from the City’s floor area, height, yard, setback, parking, and loading space requirements for buildings and structures damaged or destroyed in an emergency declared by the Governor when the deviations are necessary to accommodate the requirements of the Americans With Disabilities Act, Federal Fair Housing Amendments Act of 1988, the California Code of Regulations, Title 24, provided the Zoning Administrator finds:
1. That the deviations are not likely to cause an undue burden on nearby streets or neighboring properties;
2. That the grant is not likely to evoke public controversy; and
3. That the development cannot feasibly be designed to meet the requisite disabled access standards without the deviations.
Prior to acting on an application for a deviation, the Zoning Administrator shall give notice to all adjoining property owners and shall hold a public hearing. The Zoning Administrator may waive the public hearing if the Zoning Administrator makes the two findings in Section 16.02 B. The notice and procedures provided in Section 16.01 shall be followed for granting any deviation.
(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Authority of the Department of Building and Safety. Notwithstanding any other provision of this Code to the contrary, the Department of Building and Safety shall, during the first six months following the declaration of an emergency, have the authority to issue a temporary permit for the duration of the emergency, on any lot, regardless of zone, for any police, fire, emergency medical or emergency communications facility which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil or military disturbance, and declared by the Governor as an emergency area, provided that the department shall maintain records of all temporary permits.
(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Authority of the Department of Building and Safety. Notwithstanding any other provision of this Code to the contrary, the Department of Building and Safety shall, during the first six months following the declaration of an emergency, have the authority to issue a temporary 90-day permit on any lot, regardless of zone, for any temporary use which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil or military disturbance, and declared by the Governor as an emergency area, provided that the department shall maintain records of all temporary permits.
(Amended by Ord. No. 187,096, Eff. 7/1/21.)
The provisions of this article shall be applicable to a particular area upon the declaration of an emergency by the Governor relating to that area, pursuant to state law. The provisions of this article shall cease to be applicable to a particular area two years following the date of declaration of emergency, and for one additional year if an extension is approved by the City Council, provided, however, that the provisions of this article shall be considered as still remaining in full force and effect thereafter for the purpose of maintaining or defending any civil or criminal proceeding with respect to any right, liability or offense that may have arisen under the provisions of this article during its operative period, or with respect to enforcing any condition of approval of the temporary land use permit. The City Council may also extend by resolution any other time limits in this article for one additional year. Notwithstanding the provisions within this section to the contrary, the provisions in Section 16.02.1 shall only be activated by following the procedure outlined in Section 16.02.1 B.
A. See Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code.
B. Definitions. For the purpose of this Section and Sec. 13B.2.4. (Project Review) of Chapter 1A
of this Code, the following words and phrases shall have the meanings specified below. Other terms used in this section shall have the meanings set forth in Section 12.03 of this Code if defined there.
1. Development Project. The construction of, addition to, or alteration of, any building or structure, or a change of use of an existing building or structure that requires a building permit and that results in an increase in floor area, or a net increase in average daily vehicle trips as determined by using trip generation factors promulgated by the Department of Transportation for the purpose of effectuating this section.
2. Discretionary Approval. An approval initiated by application of a property owner or representative related to the use of land including, but not limited to a:
(a) zone change;
(b) height district change;
(c) supplemental use district;
(d) conditional use approval;
(e) use, area or height variance;
(f) parcel map;
(g) tentative tract map;
(h) coastal development permit;
(i) development agreement;
(j) adjustments;
(k) density bonus greater than the minimums pursuant to Government Code Section 65915;
(l) density transfer plan;
(m) exception from a geographically specific plan;
(n) project permit pursuant to a moratorium or interim control ordinance;
(o) public benefit projects; or
(p) floor area deviation of less than 50,000 square feet pursuant to 14.5.7 of Article 4.5 of the Los Angeles Municipal Code.
3. Fast-food Establishment. Any establishment which dispenses food for consumption on or off the premises, and which has the following characteristics: a limited menu, items prepared in advance or prepared or heated quickly, no table orders, and food served in disposable wrapping or containers.
C. Project Review Requirements. No grading permit, foundation permit, building permit, or use of land permit shall be issued for any of the following development projects unless a Project Review has first been obtained pursuant to Sec. 13B.2.4. (Project Review) of Chapter 1A
of this Code. This provision shall apply to individual projects for which permits are sought and also to the cumulative sum of related or successive permits which are part of a larger project, such as piecemeal additions to a building, or multiple buildings on a lot, as determined by the Director.
(a) Any development project which creates, or results in an increase of, 50,000 gross square feet or more of nonresidential floor area.
(b) Any development project which creates, or results in an increase of, 50 or more dwelling units or guest rooms, or combination thereof.
(c) Any change of use to a Drive-Through Fast- food Establishment or any change of use to a Fast-food Establishment, either of which results in a net increase of 500 or more average daily trips as determined by, and using the trip generation factors promulgated by the Department of Transportation.
(d) Any change of use other than to a Drive- Through Fast-food Establishment or to a Fast-food Establishment which results in a net increase of 1,000 or more average daily trips as determined by, and using the trip generation factors promulgated by the Department of Transportation.
(e) (This paragraph intentionally left blank.)
(f) Any single-family residential development with a cumulative Residential Floor Area of 17,500 square feet or larger located in the HCR District.
This subdivision shall not apply to one-family dwellings located outside of a HCR District.
D. Exemptions.
1. Unless made discretionary by any other provision of law, the approval of any building permit for a development project which does not exceed the thresholds set forth in this subsection and Section 12.24 U.14. is ministerial and exempt from the requirements of the California Environmental Quality Act.
2. Any development project with a still-valid discretionary approval, including but not limited to those listed in Subsection B.2. of this section, shall be exempt from Project Review only if the applicable decision-making body determines in writing that the prior discretionary approval, and the required environmental review, considered significant aspects of the approved project's design (such as, but not limited to, building location, height, density, use, parking, access) and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the present permit in light of the conditions specified in Section 21166 of the California Public Resources Code. The Department of City Planning may require supplements to the environmental documentation to remain current. The Director is authorized to establish procedures to process determinations required under this subdivision.
3. Any development project located within the boundaries of an adopted Redevelopment Project Area with an Unexpired Redevelopment Plan, as defined in Section 11.5.14, shall be exempt from site plan review when:
(a) The Community Redevelopment Agency of the City of Los Angeles (CRA) and the City Council approved an owner participation agreement, a disposition and development agreement, a loan agreement, a cooperation agreement or other discretionary agreement for the development project prior to February 1, 2012; and
(b) The project was considered during a public hearing prior to February 1, 2012, conducted in accordance with the CRA's adopted policies and procedures for public hearings.
4. Any development project within a specific plan area for which an EIR was certified by the City Council not more than six years prior to the date of the present application for a building permit. The date of the application shall be the date on which architectural and structural plans sufficient for a complete plan check are accepted by the Department of Building and Safety. This exemption shall be applicable only if the Director determines in writing that the EIR considered significant aspects of the approved project’s design (such as, but not limited to, building location, height, density, use, parking, access) and that it is adequate for the issuance of the present permit. The Director is hereby authorized to establish procedures to process determinations.
5. Any development project on a motion picture and/or television production lot that is industrially or commercially zoned and is enclosed by a minimum six foot high wall or other barrier (such as building walls, fences, topographical barrier, etc.) which separates the facility and the development from adjacent properties. However, all new office uses shall be directly related to motion picture and/or television production and shall not be rented or leased to other entities not directly related to motion picture and/or television production uses.
6. Adaptive Reuse Projects in the Downtown Project Area pursuant to Section 12.22 A.26.
7. Any residential (including Apartment Hotel or mixed use) building located within the Greater Downtown Housing Incentive Area that is subject to Section 12.22 A.30. of this Code.
8. No restricted affordable unit shall be counted towards the dwelling unit or guest room thresholds described in Section 16.05 C.1(b). For purposes of this section, a restricted affordable unit is a unit or guest room subject to a recorded covenant or recorded regulatory agreement restricting rents or housing costs so that they do not exceed 30 percent of the maximum gross income of each income category, for households earning up to 120 percent of the area median income, for a period of at least 55 years for rental units, or at least 45 years for for-sale units, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,938, Eff. 8/19/23.)
9. Projects in those specific plan areas, as determined by the Director, where similar project site planning regulations are established by the specific plan and significant project environmental impacts, if any, are mitigated by the measures imposed in the Project Compliance.
10. Any development project that includes nonresidential floor area in which 50 percent or more of the total floor area is dedicated to restricted affordable units shall be exempt from the threshold in Section 16.05 C.1.(a), provided the development project maintains or increases the number and square feet of preexisting restricted affordable units and creates, or results in an increase of, no more than 150,000 gross square feet of nonresidential floor area. (Added by Ord. No. 187,938, Eff. 8/19/23.)
E. (This subsection intentionally left blank.)
F. (This subsection intentionally left blank.)
H. (This subsection intentionally left blank.)
I. Alternative Thresholds. A different threshold from that indicated in Section 16.05 C. of this Code may be established within a Community Plan or Specific Plan, or portion thereof, when specifically stated in the plan text and only when the plan area contains one or more of the following:
1. A transportation impacted area;
2. An environmentally sensitive area;
3. An historically sensitive area; or
4. Any other area of special significance which is clearly identified as to its significance and the need for a different threshold level.
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